Goods and Services Tax

The Central Board of Indirect Taxes & Customs has prescribed the manner of processing and sanction of IGST refunds, withheld in terms of clause (c) of sub-rule (4) of rule 96, transmitted to the jurisdictional GST authorities under sub-rule (5A) of rule 96 of the Central Goods and Service Tax Rules, 2017. The instruction dated 28 November 2022 can be accessed here.
CBIC has decided not to file a review petition against the Supreme Court ruling in the case of Mohit Minerals Private Limited wherein it was held that imposition of IGST on ocean freight is violative of GST law. The SC had also noted that recommendations of the GST Council only have a persuasive value and are not binding on the Centre and States.

November 2022

The Central Board of Indirect Taxes & Customs has issued a Circular to clarify issues relating to application of formula for refund of unutilized input tax credit on account of inverted tax structure under GST. The Circular No. 181/13/2022-GST dated 10 November 2022 can be accessed here.
CBIC has issued instruction to the effect that taxpayers must use the dedicated CBIC-GST Integrated portal for making pre-deposits under section 35F of the Central Excise Act, 1944 and section 83 of the Finance Act, 1944. The instruction dated October 28, 2022 can be accessed here.

October 2022

During the 47th GST Council meeting held earlier this year, the issue of uneven practices followed by the field formations regarding the issuance of recurring Show Cause Notices (SCNs) was discussed in detail. Following the same, the Council has issued an Office Memorandum clarifying that initial and recurring SCNs to be issued by same authority, and that recurring SCNs are to be issued by actual jurisdictional authorities responsible for assessment of returns of the taxpayer. The Memorandum dated October 19, 2022 can be accessed here.
The GST Implementation Committee of GST Council has extended due date of filing GSTR-3B return for the month of September 2022 by one day, from October 20, 2022 to October 21, 2022. The Notification No. 21/ 2022 – Central tax can be accessed here.
The reconstitution of GoM looking after GST System Reforms has been notified vide Office Memorandum dated September 22, 2022, which can be accessed here.

September 2022

The amendments to the CGST Act as proposed in the Union Budget 2022 have now been notified by CBIC, to be effective from October 01, 2022. Consequential amendments to the CGST Rules have also been made w.e.f. October 01, 2022. The Notification Nos. 18 to 20/2022- Central Tax all dated September 28, 2022 can be accessed here.
The Group of Ministers (GoM) on online gaming led by the Chief Minister of Meghalaya, in its meeting earlier this month decided that horse racing, online gaming and gambling would be taxed separately, instead of clubbing online gaming with gambling which had led to concerns within industry. The GoM’s final report shall be submitted after further consultations with stakeholders.
The Uttar Pradesh cabinet approved the draft Uttar Pradesh Goods and Services Tax (Amendment) Bill 2022 which shall simplify and rationalise various provisions, including filing details of return and outward supply, and relief to small tax payers using settlement scheme who fail to file tax returns.
Following the ruling of the Hon’ble Supreme Court in the case of in the case of Filco Trade Center to open the portal for filing TRAN-1 and TRAN-2, CBIC has issued guidelines detailing the procedure for such filings. The Circular No. 180/12/2022 – GST dated September 09, 2022 can be accessed here

August 2022

CBIC has laid down guidelines on issuance of summons under the CGST Act, including procedure to be followed prior to issue of summons, and avoidance of summons notices calling for statutory information already filed online. The Instruction No. 03/2022-23 (GST-Investigation) dated August 17, 2022 can be accessed here.

Pursuant to the recommendations of the GST Council in its 47th meeting held on 28-29 June, CBIC issued a series of circulars in response to requests for clarifications from industry on various issues:

  • Clarifications regarding applicable GST rates and exemptions on certain services (Circular No. 177/09/2022-TRU)
  • GST applicability on liquidated damages, compensation and penalty arising out of breach of contract or other provisions of law (Circular No. 178/10/2022-GST)
  • Clarifications regarding applicable GST rates on EVs, Stones, Mangoes, Treated water, etc. (Circular No. 179/11/2022-GST)

The above Circulars issued on August 03, 2022, can be accessed here.

CBIC has notified that e-invoicing under GST will now be applicable to taxpayers having aggregate turnover exceeding INR10 crore in any preceding financial year from 2017-18 onwards. The Notification No.17/2022 – Central Tax dated August 01, 2022 can be accessed here.

July 2022

In response to a question posed in Rajya Sabha, the Minister of State for Finance Mr. Pankaj Chaudhary clarified that the ruling of the Supreme Court of India in Union of India & Anr. v M/s Mohit Minerals Pvt. Ltd. (which held that recommendations of the GST Council are non-binding on States) does not alter the constitutional mechanism of the GST Council. He stated that the State and Central Acts provide that rates, exemptions and rules etc. would be prescribed only on the recommendations of the council, and therefore are binding on the States and the Centre.

The documented response against Unstarred Question No. 203 on July 19, 2022 can be accessed here.

CBIC issued a series of notifications giving effect to the GST rate related decisions taken in the 47th Meeting of the GST council held last month. The relevant notifications No. 03/2022 to 11/2022-Central Tax (Rate) dated July 13, 2022 can be accessed here. A summary of these rate changes, effective July 18, 2022, is also available on the Tax Forum website.

Pursuant to the recommendations and decisions taken in the 47th GST Council meeting, the CBIC has given effect to the same via issue of necessary circulars and notifications (the relevant circulars can be accessed here and the Notifications No. 09/2022 to 14/2022 can be accessed here. A summary of these circulars and notifications is also available on the Tax Forum website.

In view of the recommendations of the 47th GST Council Meeting, a GoM was constituted to address necessary changes to provisions governing GST Appellate Tribunals. The GoM consists of Ministers from Haryana, Uttar Pradesh, Goa, Rajasthan, Andhra Pradesh, and Odisha. The Office Memorandum dated July 06, 2022 can be accessed here.

Pursuant to consultations with stakeholders and businesses, the CBIC is likely to release comprehensive SoP for issuing summons and notices as part of investigations under GST provisions. The aim is to streamline the investigation process, increase transparency, and prevent undue harassment of businesses.
Section 194-R, which came into effect on July 01, 2022 introduced TDS on benefits/ perquisites granted in the course of business to any resident taxpayer. While CBDT issued clarifications last month to address implementation issues arising from this levy, the industry has expressed numerous concerns from a practical and legal standpoint. In continuation of our advocacy efforts on Direct Tax matters, the Forum has collated details of such difficulties, and shall be organising a meeting with key officials from the Tax Policy and Legislation Unit of CBDT, and making a representation on behalf of the industry.
The recommendations made by the GST Council in its 47th meeting held last week were made effective via issue of official notifications by CBIC. The relevant Notifications No. 09/2022 to 14/2022 can be accessed here.

Jun 2022

Pursuant to the recommendations made in the 47th Meeting of the GST Council held last month, the GST Policy Wing of Central Board of Indirect Taxes & Customs has released a Concept Paper detailing the changes, including a draft Form GSTR-3B and explanatory instructions thereto, seeking comments and suggestions from the industry to finalise the same. The proposed changes aim to incorporate long-standing industry requests in view of challenges faced in undertaking compliances. A copy of the Concept Paper can be accessed here.

CBIC issued instructions in relation to the procedures for sanction, post-audit and review of GST refund claims. A detailed speaking order is also now required to be uploaded along with the refund sanction order. Further, all refund orders shall also be reviewed for legality and propriety. The instructions also specify additional details to be included in the refund order, and that all orders are to be immediately transmitted online to the review module after issuance. The complete list of instructions can be accessed here.
Government notifies ‘nil’ rate of interest for certain e-Commerce Operators who could not file the statement in FORM GSTR-8 within due date owing to technical glitch on the portal but had deposited the tax collected at source in the ECL for the prescribed period u/s 52(1). Please access the notification here.

May 2022

Central Board of Indirect taxes and Customs (CBIC) has waived off the late fee payable for delay in furnishing FORM GSTR-4 (return to be filed by composition scheme taxpayers) for FY 2021- 22 from May 1, 2022 till June 30, 2022. Please access the notification here.
CBDT has notified new forms for applying for advance ruling under Section 245Q. Please access the notification. here.
CBIC has extended the due date for furnishing the return in FORM GSTR-3B for the month of April, 2022 till May 24, 2022 and has also extended the due date for depositing the tax due under proviso to sub-section (7) of section 39 of the CGST Act, 2017 in FORM GST PMT-06 for the month of April, 2022 till May 27, 2022. Please access the relevant notification here.
The Central Board of Indirect Taxes and Customs has issued a standard operating procedure (SoP) for the scrutiny of GST returns for the financial year 2017-18 and 2018-19. Till the time a scrutiny module for online scrutiny of returns is made available on the CBIC-GST application, as an interim measure, the SOPs are being issued by the Board in order to ensure uniformity in selection/ identification of returns for scrutiny, methodology of scrutiny of such returns and other related procedures for FY 2017-18 and 2018-19. Please refer to the SOPs here.

February 2022

CBIC has notified reduction in aggregate turnover in a financial year specified for e-invoicing from Rs. 50cr to Rs. 20cr. Please access the notification here.

GSTN issues Advisory for auto-population of e-invoice details into GSTR-1, envisages that generation of e-invoice is mandatory for certain class of taxpayers, as notified by Government and these taxpayers are required to prepare and issue their e-invoices by reporting their invoice data in prescribed format (e-invoice schema in FORM GST INV-01) and reporting the same on Invoice Registration Portal (IRP). Click here to read / download the GSTN Advisory.

In a recent instruction CBIC has issued guidelines for initiating recovery proceedings in case of non-payment or short -payment of self-assessed tax. Section 75(12) of Central Goods and Services Tax Act, 2017 (CGST Act) provides for recovery of unpaid self-assessed tax. Vide Finance Act, 2021, an Explanation has been inserted, effective from 1 January 2022, clarifying that “self-assessed tax” includes tax payable in respect of outward supplies as furnished in GSTR-1, but not paid in GSTR-3B. CBIC issued guidelines to address the doubts raised by trade and field formations regarding the modalities of initiation of recovery proceedings in such cases. Please refer to the instructions here.
Central Board of Indirect taxes & Customs has issued clarification regarding applicability of GST on service supplied by restaurants through e-commerce operators (ECOs). Forum had been working very closely with the GST policy wing requesting clarification regarding modalities of compliance to GST laws and we are glad that many of our recommendations are considered. Please refer to the circular here.
The 46th GST Council was held on December 31st, 2021. The council has recommended to defer the decision to enhance the rate on textiles from 5% to 12% as recommended in the 45th Meeting. Existing rates in textile sector shall continue beyond January 01, 2022. Please refer to the press release here.
The Goods and Services Tax Network has released an advisory to implement GST Council’s decision taken during its 45th meeting to classify ‘Restaurant Service’ u/s 9(5) of CGST Act, 2017 requiring payment of tax on such supplies by e-commerce operator (ECO) w.e.f. January 01, 2022. Please refer to the CBIC circular here.
In a series of notifications, the Central Board of Indirect Taxes and Customs has amended the  Central Goods and Services Tax Rules, 2017 (CGST Rules) brining in the following key changes.

  • The due date for filing GSTR-9 (annual return) and GSTR-9C (self-certified reconciliation statement) for the financial year 2020-21 has been extended by 2 months i.e., from 31 December 2021 till 28 February 2022.
  • Rule 36(4) of CGST Rules has been amended to allow input tax credit (ITC) only on the invoice or debit note details of which has been furnished by the supplier in its GSTR-1 or using invoice furnishing facility (IFF) and such details have been communicated to the recipient in GSTR-2B.
  • With retrospective effect from 1 April 2021, where Unique Identification Number (UIN) is not mentioned in a tax invoice, the applicant has to submit attested copy of such invoice along with the refund application.
  • Rule 144A has been inserted to provide mechanism for recovery of penalty under section 129 of Central Goods and Services Tax Act, 2017 (CGST Act) by way sale of goods or conveyance detained or seized in transit. Suitable amendment has also been carried out in rule 154.
  • Form GST DRC-22A has been prescribed for filing objection against provisional attachment of property under section 83 of CGST Act.
Please refer to the relevant press releases here  along with the notifications here.

November 2021

The Central Board of Indirect Taxes and Customs has issued the clarification on certain GST refund related issues further to the receipt of various representations from taxpayers and other stakeholders seeking clarification in respect of certain issues relating to refund. Please refer to the clarifications here.
CBIC has issued clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices issued to recipient located outside India where payment is received through any RBI approved mode and place of supply is in India. Please access the circular here .
CBIC has notified amendments in rate of GST w.e.f. January 1, 2022 on various goods and services. Please refer to the notifications here.
The CBIC in line with the recommendation of GST Council in its 45th meeting held on Friday i.e. 17 September 2021 has issued a notifications dated 30 September 2021 relating to change of GST rates on goods and services. The are effective from 1st October 2021. Please access the notifications here .
In its 45th meeting held on September 17, 2021, the GST Council discussed the need to undertake GST rate rationalization including correction of inverted duty structure with an objective to simplify the rate structure, to reduce classification related disputes and enhance GST revenues. Basis the inputs received from our members, Forum has submitted a detailed representation for consideration of the GOM on GST rate rationalisation.
GSTN issues advisory in relation to input tax credit (ITC) in respect of records (invoices and debit notes) for supply of goods or services (or both) for Financial Year 2020-21 which have been submitted after the due date of furnishing the return for the month of September 2021. Plese refer to the advisory https://www.cbic.gov.in/htdocs-cbec/gst/newgst.

Further to the 45th Goods and Services Tax Council meeting CBIC has formed two Groups of Ministers (GoMs), the first to look into rate rationalisation and the second to examine the issues of e-way bills, FASTags, technology and compliances. Both the GoMs have been given two months’ time to submit their reports. Please refer here and here .

August 2021

GSTN has issued an advisory addressing instances of goods and services where Trade description differ from the Technical descriptions otherwise provided in the HSN descriptions of the Customs Tariff Act, 1975. Please access the advisory here.
The facility of blocking E way bill generation had been temporarily suspended due to pandemic. The government has now decided to resume the blocking of EWB generation facility on the EWB portal, for all the taxpayers in terms of Rule 138 E (a) and (b) of the CGST Rules, 2017, from 15th August onwards. Thus, after 15th August 2021, the System will check the status of returns filed in Form GSTR-3B or the statements filed in Form GST CMP-08, and restrict the generation of EWB in case of. For details of blocking and unblocking EWB click here .

The Central Board of Indirect Taxes and Customs (CBIC) has notified provision for self-certification instead of audit report from August 1. The changes have taken place following GST Council decision to allow self-certification of reconciliation statement in GSTR-9C instead of Chartered Accountant certificate, CBIC has notified the amendment in CGST Act. Please refer to the notification here.

CBIC has launched an online filing of AEO T2 and AEO T3 web- applications, Version 2.0 for real-time monitoring and digital certification; The updated version of the existing web application will be accessible for both applicants and customs officials from July 07, 2021. Please refer to the circular here.
In continuation to our advocacy efforts on GST legislative and procedural issues, USISPF met with State Finance Minister of Tamil Nadu, Dr Palanivel Thiaga Rajan. We are planning to engage with few more state tax departments in coming days.
Central board of Indirect Taxes and Customs has issued clarification w.r.t. applicability of Dynamic Quick Response code on B2C. You would recall our consistent efforts to request CBIC for these FAQs are we are glad these have been released now. Please refer to the clarifications here. Forum will soon be filing a request for extension on the date of implementation and will also share a detailed feedback on clarifications.

The 44th meeting of Goods and Services Tax (GST) Council was held on 12 June 2021.  The Council has decided to reduce GST rates on the following items being used in Covid-19 relief and management. The said reduction shall remain in force till 30 September 2021. Please access the relevant notification here.

ParticularsEarlier rateRevised rate
Tocilizumab and Amphotericin B5%Nil
Anti-Coagulants like Heparin and Remdesivir12%5%
Any other drug recommended by Ministry of Health and
Family Welfare and Dept. of Pharma for Covid treatment		Applicable rate5%
Oxygen, Oxygen generation equipment and related medical devices12%5%
Testing Kits and Machines12%5%
Pulse Oximeters, incl personal imports thereof12%5%
Hand Sanitizer, Temperature check equipment, Gas/Electric/other furnaces
for crematorium, including their installation, etc.		18%5%
Ambulances28%12%
43rd GST Council meeting under chairmanship of Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman which took place on May 28th 2021 after a gap of nearly 7 months, announces measures for reduction of compliance burden on small and medium taxpayers, extends due dates for various compliances and proposes changes in GST rates on goods and services; The key decisions are as follows:
  • Full exemption of IGST on specified COVID related goods even if imported on payment basis, for donating to the Government or on recommendation of state authority to any relief agency.
  • Reduction in interest rate and waiver of late fee for delayed filing of return for the months March, April and May 2021.
  • Due dates for filing various returns including GSTR-1 and GSTR-4 have been extended.
  • Time limit for completion of various actions, falling between 15 April 2021 to 29 June 2021, is extended up to 30 June 2021, subject to certain exceptions. However, where the timelines for actions have been extended by the Supreme Court, the same would apply.
  • Taxpayer’s self-certification of the reconciliation statement in GSTR-9C will apply to annual return for FY 2020-21.
  • Late fee for delayed filing of returns has been rationalized. Further, amnesty scheme to be rolled out for providing relief to taxpayers regarding late fee for pending returns.
Please access the press release here.

May 2021

Central Board of Indirect Taxes and Customs has amending rules pertaining to refund, registration and e-way bill under GST. Please refer to the rules here.
The Central Board of Direct tax has extended the timelines for various compliances under the Income-tax law in order to provide relief to tax payers in view of the current pandemic situation. Please access the circular here .
CBIC releases Frequently Asked Questions (FAQs) on IGST exemption given to import of specified COVID-19 relief material vide Adhoc Exemption Order. It clarifies that, any ‘relief agency’ authorised by a State can make free distribution of goods so imported anywhere in India however, in case any corporate buys it and even gives it for free, such exemption will not be available. Forum is working with CBIC to request for expanding the scope of this exemption and to also ensure that its available when imported for a cost by companies/ NGOs. Please refer to the FAQs here.

April 2021

The Central Board of Indirect Taxes and Customs has extended the basic customs duty and integrated goods and service tax exemptions for export oriented units, by a year till March 31, 2022. The Board also made it mandatory for a GST taxpayer having turnover of more than Rs 5 crore in the preceding financial year,to furnish 6 digits HSN Code on invoices issued for supplies. Please refer to the notification here. 

March 2021

On the basis of feedback received from our members, USISPF had last week requested the GOI to defer implementation of Dynamic Quick Response (QR) Code on B2C invoices and compliance of Notification No. 14/2020- C.T. dated March 21, 2020. We are glad that our recommendations are accepted and CBIC has notified a waiver of penalty for non-compliance of capturing QR code till June 30.

Please access the notification here.

Further to industry request, Central Board of Indirect Taxes & Customs has issued ‘Clarification on various refund related issues’. The summary of the clarifications issued has been provided in the below:

  • Clarification in respect of refund claim by recipient of Deemed Export Supplies
  • Extension of relaxation for filing refund claim in cases where zero-rated supplies has been wrongly declared in Table 3.1(a)
  • The manner of calculation of Adjusted Total Turnover under sub-rule (4) of Rule 89 of CGST Rules, 2017

Please refer to the circular here ..

The Indian Finance Minister presented the Union Budget 2021 on February 1 2021. Key tax announcements made in the Budget which include some clarifications with respect to the equalization levy or the digital service tax and various other procedural changes. Most of the tax proposals will be applicable from April 1, 2021 unless otherwise specified. Please access the updates (here) and (here). On the basis of feedback received from our members, USISPF shared detailed submission as a post budget feedback to the Government on tax amendments.
The Central Board of Indirect Taxes and Customs has notified requirements for issuance of e-invoice w.e.f. April 01, 2021, making it applicable to registered persons whose turnover exceeds Rs. 50 crore in respect of supply or exports of goods or services or both. Please refer to the notification here

February 2021

The Central Board of Indirect taxes & customs has notified that the requirement of Aadhar Authentication for GST registration shall not apply to 6 categories of person viz. (a) not a citizen of: India, (b) a Department or establishment of the Central Government or State Government (c ) a local authority (d ) a statutory body (e ) a Public Sector Undertaking and (f ) any specialized agency of the United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy of foreign countries; Supersedes Notification No. 17/2020- Central Tax dated March 23, 2020. Please read the notification here.

Last week forum had requested CBIC to extend the due date for filing GSTR-9 and GSTR-9C on grounds of business situations due to COVID 19. Further to the industry request, CBIC has now extended the due date for filing filing GSTR-9 and GSTR-9C for the Financial Year 2019-2020 to March 31, 2021. Please refer to the notification here.

Owing to the impact of COVID-19 which has resulted in business disruption and ability of the workforce to perform their tasks as well as difficulty for professionals in accessing data and interacting with the relevant stakeholders, USISPF has on behalf of its members requested CBIC for further relaxations on the compliance deadlines approaching by February.

CBIC has issued FAQs regarding services by way of Transport and Logistics, which clarifies various issues under GST and explains that a single truck owner-operator plying truck mostly between States, carrying the goods booked for truck by an agent or renting it to a major player, who provides GTA service is not required to take registration. Please refer to the FAQs here .
CBIC has issued FAQs regarding services by way of Transport and Logistics, which clarifies various issues under GST and explains that a single truck owner-operator plying truck mostly between States, carrying the goods booked for truck by an agent or renting it to a major player, who provides GTA service is not required to take registration. Please refer to the FAQs here .
CBIC has further extended an interim solution to verify IGST payment on account of mismatch between GSTR-1 and GSTR-3B considering the fact that records were not been transmitted to ICEGATE due to such mismatch. Refer to the circular here .
CBIC has notified Standard Operating Procedure (SOP) for implementation of the provision of suspension of registrations under sub-rule (2A) of Rule 21A of the CGST Rules, 2017. Please refer to the circular here.

January 2021

GSTN has notified Auto-population of e-invoice details into GSTR-1 as certain notified taxpayers with aggregate turnover above Rs.100 Crores started issuing e-invoices from January 01, 2021.
Ministry of Finance has through a recent Press Release released a “Liberalised MSME AEO Package” scheme for Micro Small and Medium Enterprises (MSMEs). The package is likely to benefit the MSME sector which is significantly impacted due to the COVID-19 pandemic. Further, the relaxations provided may increase coverage of MSMEs under AEO scheme and facilitate ease of doing business. The success of the liberalised scheme may however depend on its effective implementation and execution. Please refer to the press release here.

December 2020

On December 30 2020, the Central Board of Direct Taxes has issued a press release addressing various concerns of taxpayers and stakeholders in relation to the compliances under the Income Tax Laws. Amongst others, the Press Release includes extension in due dates for filing tax returns, tax audit report, transfer pricing report etc. for tax year 2019-2020 for various taxpayers. Additionally, the sunset date for filing declaration under The Direct Tax Vivad Se Vishwas Act, 2020 (VSV) has been extended to 31 January 2021. On 31 December 2020 further notifications were released to formalize the various announcements made in the Press Release. Please access the press release here and notifications here.

On 25 December 2020 Goods and Services Tax Network (GSTN) released a facility of ‘communication between taxpayers’ on the GST portal. This facility enables the taxpayer, both recipient and supplier to communicate with each other by sending a notification regarding missing documents, any shortcomings in the documents or any other related issue. The facility is available to all registered persons, except those registered as person liable to deduct or collect tax at source and non-resident taxable person. The manner of using the facility and sending notification has been detailed in the GSTN communication. User manual and frequently asked questions (FAQs) have also been issued in this regard. Please access the facility here.

The government has notified several changes in the GST law and has also put into effect several amendments brought in vide the Finance Act, 2020. Key changes brought in Goods and Service Tax Rules, 2017 through Notification No. 94/2020-Central Tax dated 22 December 2020 are with regards to the following:

  • Restriction on the utilization of ITC available to the extent of 99% of the outward tax liability [w.e.f 1 January 2021]
  • Revised procedure for verification at the time of new GST registration
  • Cancellation/Suspension of GST registration in certain cases
  • Blocking of GSTR-1 due to non-filing of GSTR-3B
  • Other amendments

Please refer to the notification here .

CBIC has issued clarification on waiver from recording of UIN on the invoices issued by the retailers/suppliers, pertaining to the refund claims from April 2020 to March 2021. Please refer to the circular here.

The Central Goods and Services Tax Rules, 2017 provide time limits for the examination of anti-profiteering applications by the Standing committee, completion of investigation by the Director General of Anti-profiteering and passing of order by the National Anti-profiteering Authority. In a recent notification Central Board of Indirect Taxes and Customs (CBIC) has extended the time limit for completing anti-profiteering related actions by the Authority constituted under GST. As per the Notification, where the time limit for completion or compliance of any anti-profiteering related action by any Authority, falls during the period 20 March 2020 to 30 March 2021, the same shall be extended till 31 March 2021. Refer to the notification here.

For further details please reach us here

Facility to file annual return in Form GSTR-9 for FY 2019-20 is now available on GSTN portal. The Form is enabled for taxpayers whose table 8A computation has been completed.

In response to the industry request and further to Forum’s engagement with customs officials, Advisory No: 46/2020 dated 09.12.2020 has been issued by CBIC with enhancements which have been enabled in ICES w.e.f. 10.12.2020.
The dynamic QR code in case of B2C supplies was proposed to be implemented from December 1, 2020.  On the basis of feedback received from our members forum organised several consultations and submitted detailed concerns and ambiguities. The CBIC has now  waived the amount of penalty leviable under section 125 of Central Goods and Services Tax Act, 2017, for not providing dynamic QR code on B2C invoices during the period December 2020 to March 2021.  However, such waiver is subject to the condition that the taxpayer complies with the provisions of the Notification no. 14/2020-CT from 1 April 2021 onwards.  We are glad that our recommendations are considered by the GOI. Please access the notification here.

November 2020

The Central Board of Indirect Taxes & Customs and the Goods and service Tax network have released updated FAQs on GST E-invoicing bringing in important updates. Please refer to the FAQs here.

In a recent notification and circular issued by the Central Board of Indirect Taxes and Customs (CBIC) under the Goods and Services Tax (GST), the board has notified that with effect from 1 January 2021, e-invoicing will be applicable to taxpayers having aggregate turnover exceeding INR100 crores in the preceding financial years.   The notification further provides that the amendment in section 39 of the Central Goods and Services Tax Act, 2017 (CGST Act) to enable quarterly filing of return by a certain class of taxpayers, has been notified w.e.f. 10 November 2020.  Please refer to the relevant notification here.
In a recent announcement, CBIC has amended the requirement for issuance of e-invoice w.e.f. January 1, 2021 making it applicable to registered persons whose turnover in any preceding financial year from 2017-18 onwards exceeds Rs. 100 crore in respect of supply of goods or services or both or exports. The board has also extended the time-limit for furnishing the details of outward supplies in FORM GSTR-1 for each of the tax periods w.e.f. January 1, 2021 till the 11th of month succeeding each tax-period. Refer to the relevant notifications here and here.

October 2020

The 42nd GST Council meeting concluded on October 5 2020 under the Chairmanship of Union Finance & Corporate Affairs Minister Smt Nirmala Sitharaman through video conferencing. The meeting was also attended by Union Minister of State for Finance & Corporate Affairs Shri Anurag Thakur besides Finance Ministers of States & UTs and senior officers of the Ministry of Finance& States/ UTs. Please access the press release here.
GST e-invoicing mechanism is mandatory w.e.f. 01.10.2020 for all tax payers having turnover in a financial year exceeding Rs 500 crore. Basis USISPF’s survey on the preparedness of Industry we had requested GST council to consider postponing the date of mandatory implementation. CBIC has in a recent press release considered our request and has waived the penal provisions w.r.t. mandatory e-invoicing prescribed for taxpayers having aggregate turnover of Rs. 500 Cr. and above for the month of October 2020. In a press release issued CBIC has clarified that invoices issued by such taxpayers during October 2020 without following the manner prescribed under rule 48(4), shall be deemed to be valid and the penalty leviable u/s 122 for such non-adherence to provisions, shall stand waived if Invoice Reference Number (IRN) for such invoices is obtained from the Invoice Reference Portal (IRP) within 30 days of date of invoice. We are glad that our recommendations are considered. We will continue to work with the Government to get the required clarifications. Please refer to the press release here.
In a recent Circular CBIC has clarified that the compliance with Rule 36(4) for the months of February 2020 to August 2020 should be done cumulatively and reported in September 2020 returns, ie, 110% of matched credit are to be availed and any excess to be reversed. Please access the circular here.

September 2020

CBIC defers implementation of requirement of Dynamic QR code in B2C invoices to December 01, 2020. Given that the requirement to a Dynamic QR code USISPF had requested the GST council secretariate to allow industry some more time to get the systems ready for generating such a QR code. Unlike e-invoicing where the QR code is pre-generated by IRP and sent to a taxpayer, here the taxpayer would need to self-generate the QR code. With a limited time of a week for 01 October 2020, there was an urgent need to defer this requirement of incorporating B2C QR code. We are glad our recommendations are considered. Please refer to the notification here.

Owing the impact of COVID-19 which has resulted in business disruption and ability of work force to perform their tasks as well as difficulty for professionals in accessing data and interacting with the relevant stakeholders, USISPF had on behalf of its members requested CBIC for further relaxations on the compliance deadlines approaching by September 2020. We are glad our recommendations are considered.

In a recent instruction issued by Principal Commissioner, dated September 18, 2020, tax authorities have been advised that for the period July 01, 2017 to August 31, 2020 only interest needs to be recovered on the net cash tax liability (i.e. the portion of the tax that has been paid by debiting the electronic cash ledger or is payable through cash ledger. Further it has been clarified that wherever SCN have been issued on gross tax payable, the same may be kept in Call book till the retrospective amendment in section 50 of CGST Act is  carried out.

August 2020

Facility to view, file and download returns of period July 2017 has been restored on GSTN portal

July 2020

Central Government further extended due date of furnishing FORM GSTR-4 (composition dealer) till August 31, 2020. Refer to the release here.

June 2020

The 40th GST Council meeting was held on 12 June 2020 through video conferencing. Given the COVID 19 situation the Council discussed a number of issues such as reducing compliance costs of taxpayers, inverted duty structure in the textile industry, and the shortage of funds to pay compensation cess to the States. Please refer to the press release here.
Central Board of Indirect Taxes and Customs (CBIC) has extended the time limit for issuing refund order and validity of e-way bill under Goods and Services Tax (GST).  Please refer to the notification here.
Please access the notification here.
CBIC has further extended the facility of accepting undertaking in lieu of bond for the period till June 15, 2020 and date for submission of proper bond in lieu of which the undertaking is being temporarily accepted till June 30, 2020. Please access the Circular here.
Please access the notification here.
For further details please reach us here

The Central Board of Indirect Taxes & Customs and the Goods and service Tax network have released updated FAQs on GST E-invoicing bringing in important updates. Please refer to the FAQs here. For further details please reach out to @Shweta Kathuria 

In a recent notification and circular issued by the Central Board of Indirect Taxes and Customs (CBIC) under the Goods and Services Tax (GST), the board has notified that with effect from 1 January 2021, e-invoicing will be applicable to taxpayers having aggregate turnover exceeding INR100 crores in the preceding financial years.   The notification further provides that the amendment in section 39 of the Central Goods and Services Tax Act, 2017 (CGST Act) to enable quarterly filing of return by certain class of taxpayers, has been notified w.e.f. 10 November 2020.  Please refer to the relevant notification here. For further details please reach out to @Shweta Kathuria 

In a recent announcement, CBIC has amended the requirement for issuance of e-invoice w.e.f. January 1, 2021 making it applicable to registered persons whose turnover in any preceding financial year from 2017-18 onwards exceeds Rs. 100 crore in respect of supply of goods or services or both or exports. The board has also extended the time-limit for furnishing the details of outward supplies in FORM GSTR-1 for each of the tax periods w.e.f. January 1, 2021 till the 11th of month succeeding each tax-period. Refer to the relevant notifications here and here. For further queries, please write to @Shweta Kathuria

The 42nd GST Council meeting concluded on October 5 2020 under the Chairmanship of Union Finance & Corporate Affairs Minister Smt Nirmala Sitharaman through video conferencing. The meeting was also attended by Union Minister of State for Finance & Corporate Affairs Shri Anurag Thakur besides Finance Ministers of States & UTs and senior officers of the Ministry of Finance& States/ UTs. Please access the press release here.

GST e-invoicing mechanism is mandatory w.e.f. 01.10.2020 for all tax payers having turnover in a financial year exceeding Rs 500 crore. Basis USISPF’s survey on the preparedness of Industry we had requested GST council to consider postponing the date of mandatory implementation. CBIC has in a recent press release considered our request and has waived the penal provisions w.r.t. mandatory e-invoicing prescribed for taxpayers having aggregate turnover of Rs. 500 Cr. and above for the month of October 2020. In a press release issued CBIC has clarified that invoices issued by such taxpayers during October 2020 without following the manner prescribed under rule 48(4), shall be deemed to be valid and the penalty leviable u/s 122 for such non-adherence to provisions, shall stand waived if Invoice Reference Number (IRN) for such invoices is obtained from the Invoice Reference Portal (IRP) within 30 days of date of invoice. We are glad that our recommendations are considered. We will continue to work with the Government to get the required clarifications. Please refer to the press release here.

In a recent Circular CBIC has clarified that the compliance with Rule 36(4) for the months of February 2020 to August 2020 should be done cumulatively and reported in September 2020 returns, ie, 110% of matched credit are to be availed and any excess to be reversed. Please access the circular here.

CBIC defers implementation of requirement of Dynamic QR code in B2C invoices to December 01, 2020. Given that the requirement to a Dynamic QR code USISPF had requested the GST council secretariate to allow industry some more time to get the systems ready for generating such a QR code. Unlike e-invoicing where the QR code is pre-generated by IRP and sent to a taxpayer, here the taxpayer would need to self-generate the QR code. With a limited time of a week for 01 October 2020, there was an urgent need to defer this requirement of incorporating B2C QR code. We are glad our recommendations are considered. Please refer to the notification here.

Owing the impact of COVID-19 which has resulted in business disruption and ability of work force to perform their tasks as well as difficulty for professionals in accessing data and interacting with the relevant stakeholders, USISPF had on behalf of its members requested CBIC for further relaxations on the compliance deadlines approaching by September 2020. We are glad our recommendations are considered.

In a recent instruction issued by Principal Commissioner, dated September 18, 2020, tax authorities have been advised that for the period July 01, 2017 to August 31, 2020 only interest needs to be recovered on the net cash tax liability (i.e. the portion of the tax that has been paid by debiting the electronic cash ledger or is payable through cash ledger. Further it has been clarified that wherever SCN have been issued on gross tax payable, the same may be kept in Call book till the retrospective amendment in section 50 of CGST Act is  carried out.

Facility to view, file and download returns of period July 2017 has been restored on GSTN portal

Central Government further extended due date of furnishing FORM GSTR-4 (composition dealer) till August 31, 2020. Refer to the release here.

The 40th GST Council meeting was held on 12 June 2020 through video conferencing. Given the COVID 19 situation the Council discussed a number of issues such as reducing compliance costs of taxpayers, inverted duty structure in the textile industry, and the shortage of funds to pay compensation cess to the States. Please refer to the press release here. 

Central Board of Indirect Taxes and Customs (CBIC) has extended the time limit for issuing refund order and validity of e-way bill under Goods and Services Tax (GST).  Please refer to the notification here.

Please access the notification here.

CBIC has further extended the facility of accepting undertaking in lieu of bond for the period till June 15, 2020 and date for submission of proper bond in lieu of which the undertaking is being temporarily accepted till June 30, 2020. Please access the Circular here. 

Please access the notification here.

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